Research Handbook on Intellectual Property Exhaustion and Parallel Imports [electronic resource].

Format:

Book

Author/Creator:

Calboli, I.

Contributor:

Lee, E.

Edward Elgar Publishing.

Series:

Research handbooks in intellectual property.

Research handbooks in intellectual property

Language:

English

Physical Description:

1 online resource (581 p.)

Place of Publication:

Northampton, MA : Edward Elgar Publishing, Inc., c. 2016.

Summary:

This Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports. Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace? The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area.

Contents:

Part I: The theoretical framework of intellectual property exhaustion

1. Incentives, contracts, and intellectual property exhaustion / Shubha Ghosh

2. The economic rationale for exhaustion: distribution and post-sale restraints / Ariel Katz

3. Exhaustion and personal property servitudes / Molly Shaffer Van Houweling

4. "Exhaustion" in the digital age / Reto M. Hilty

Part II: Intellectual property exhaustion and parallel imports: the international context

5. International intellectual property rules and parallel imports / Susy Frankel and Daniel J. Gervais

6. Economic perspectives on exhaustion and parallel imports / Keith E. Maskus

7. Working toward international harmony on intellectual property exhaustion (and substantive law) / Vincent Chiappetta

8. Parallel trade in pharmaceuticals: trade therapy for market distortions / Frederick M. Abbott

Part III: Intellectual property exhaustion and parallel imports: regional and national approaches

9. The European internal market: exhaustion plus / Christopher M. Stothers

10. The exhaustion doctrine in Singapore: different strokes for different IP folks / Ng-Loy Wee Loon

11. Parallel imports and the principle of exhaustion of rights in Latin America / Carlos M. Correa and Juan I. Correa

12. Exhaustion of intellectual property rights and the principle of territoriality in the United States / John A. Rothchild

Part IV: Selected issues (and challenges) on patent exhaustion

13. Patent exhaustion and free transit at the interface of public health and innovation policies: lessons to be learned from EU competition-law practice / Josef Drexl

14. Regulatory responses to international patent exhaustion / Sarah R. Wasserman Rajec

15. Patent exhaustion rules and self-replicating technologies / Christopher Heath

16. Development of patent exhaustion in mainland China / Xiang Yu and Conghui Yin

17. The hermeneutics of the patent exhaustion doctrine in India / Yogesh Pai

Part V: Selected issues (and challenges) on trademark exhaustion

18. Trademark exhaustion and its interface with EU competition law / Apostolos G. Chronopoulos and Spyros M. Maniatis

19. Trademark exhaustion and free movement of goods: a comparative analysis of the EU/EEA, NAFTA and ASEAN / Irene Calboli

20. Using trademark law to override copyright's first sale rule for imported copies in the United States / Mary LaFrance

21. New developments on trademark exhaustion in Korea / Byungil Kim

22. Trademark exhaustion and the internet of resold things / Yvette Joy Liebesman and Benjamin Wilson

Part VI: Selected issues (and challenges) on copyright exhaustion

23. How could Taiwan Copyright Act follow the patent and trademark regime and adopt international copyright exhaustion? / Kung-Chung Liu

24. The Marrakesh Treaty and the targeted uses of copyright exhaustion / Marketa Trimble

25. From importation to digital exhaustion: a Canadian copyright perspective / Pierre-Emmanuel Moyse

26. Exhaustion and the internet as a distribution channel: the relationship between intellectual property and European law in search of clarification / Guido Westkamp

27. Digital copyright exhaustion and personal property / Aaron Perzanowski and Jason Schultz.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print record.

ISBN:

1-78347-871-3